Substantive Due Process

Decent Essays
Becoming principal you must understand the law of educational practices. The Law and Education class I found the most insightful. As a teacher you may not understand the why’s behind decisions and law can aid in understanding. With the assignments of research of Due Process, Bullying and FERPA,
In the education system there are substantive due process and procedural due process. Due process is the effort not to deny a person of his/her rights as a person. Substantive due process is written within the student code of conduct or handbook. Although fairness and integrity are given with many altercations the procedural due process is steps to ensure the person, or student has steps that are followed, notice or charges, opportunity

Related Documents

  • Improved Essays

    In the case Gideon V. Wainwright the due process did not happen constitutional. The due process is the fair treatment through the normal judicial system. The source of the due process is under the Fifth Amendment that no one shall be “deprived of life, liberty or property without due process of law.” The reason why that this process applies to the fifty states as well as the federal government, that is prohibits the stats as well as the local government officials, from depriving a person of life, liberty or property without a legislative authorization.…

    • 262 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    On August 18, 1983, Officer Patrick Anderson was off-duty when he was approached by a man named Francis Connelly in Denver, Colorado. Connelly admitted to Anderson, without any prompting, that he had murdered someone and he needed to talk about it. Anderson read Connelly the Miranda rights and asked him if he understood theses rights. Connelly understood the rights, but he still wanted to talk about the murder. Anderson was surprised that Connelly was still willing to confess to the crime, so he asked if he was on drugs or alcohol.…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    A school or parent may request a due process hearing when they are not satisfied with a matter that relates to the identification, evaluation, educational placement, or free appropriate public education of a student. A due process complaint notice, containing the name of the student, a description of the problem and a proposed resolution to the problem is sent to the other party and the hearing office. The school will then send a written notice, it not previously done, to the parent to provide an explanation for the action of the school. The hearing officer will then determine if they will take the issue on.…

    • 1184 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Brandon Betterman, the petitioner in this case, pleads guilty to jumping bail after not appearing for his court date on charges of domestic assault. Between his conviction and his sentencing, Betterman waited fourteen months due to a delay within the institution (Betterman). He believes that fourteen months should be taken off of his sentencing. This began the ultimate constitutional debate concerning what he considered his right to a speedy trial. The ruling claimed by the Montana Supreme Court stated the Sixth Amendment’s Speedy Trial Clause does not apply to the post conviction and pre-sentencing delay (Betterman).…

    • 734 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    14th Amendment Dbq

    • 868 Words
    • 4 Pages

    It is a way to bring justice while simultaneously being fair. In schools, the due-process is used before expulsions and suspensions are dealt. In the case Goss vs. Lopez, the court decided that it is a requirement to have at least an informal hearing with school administrators before a suspension or expulsion is given. This decision protected the due-process clause because it allows the student to go through a process before a decision is officially made. This allows for, at the very least, the opportunity to rule out any corruption or unjust decisions.…

    • 868 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Mcculloch Vs Madison Case

    • 2013 Words
    • 8 Pages

    This case along with others went on to define what the right to due process was, and the same principal applies to the equal protection under the law…

    • 2013 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Todd Whitaker provides techniques for principals to evaluate their personal leadership style against highly effective principals in his book, What Great Principals Do Differently. Dr. Todd Whitaker states that this book is about what great principals do that sets them apart. Clarifying what the best leaders do, and then practicing it ourselves, can move us into their ranks (Whitaker, 2009). The goal of a great leader is to help teachers understand and improve their practices and to gauge the effectiveness of their instruction. Educational leadership is constructed with knowledge acquired from many sources, and self-evaluation and experience help solidify leadership.…

    • 1059 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Equal Protection Clause is the constitutional promise that no individual or class of persons can be denied the same protection of the laws that is enjoyed by others individuals or classes. These protections include life, liberty, property, and the pursuit of hapiness. The Substantive Due Process Clause is similar in that it states that no person can be deprived of either life, liberty, or property devoid of due process. Substantive Due Process clause put limits on the content or subject matter of state and federal laws. The Substantive Due Process Clause keeps the government from violating certain fundamental constitutional rights of individuals or parties.…

    • 972 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    In the process of sentencing an offender, we follow a set of rules known as the due process which considers the severity of a sentence, what charges have been laid, court hearings, and whether or not an arrest should take place. Such primitive procedure is used to prove the fact that a person is innocent until proven guilty.…

    • 58 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Introduction “Give a man a fish and you feed him for a day; teach a man to fish and you feed him for a lifetime.” I’ve been familiar with this saying since I was a child. However, it really didn’t ring true with me until I started teaching. As a new teacher, I found myself giving answers to my students when they would hit their frustration level.…

    • 559 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Under the Fourth Amendment, searches and seizures must be reasonable. Ryan Strasser from the Legal Information Institute states, “strip and visual body searches, when done in a reasonable manner, are reasonable searches under the Fourth Amendment”. Some of these searches include anal or genital searches. When an authority wants to search and seize a citizen, there must be 2 elements present. First, there has to be a show of power from the police officer, and the citizen has to submit to the authority.…

    • 124 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Procedural Due Process

    • 354 Words
    • 2 Pages

    The Fourteenth Amendment extended the liberties offered federally by the Fifth Amendment to the state level of government, which established the Due Process Clause (Chapman & Yoshino, n.d.). Furthermore, the Fourteenth Amendment guarantees procedural due process, the individual rights listed in the Bill of Rights, incorporated against the states, and substantive due process (Chapman & Yoshino, n.d.). In the case of In re Gault, Gault was confined to an Industrial School until his twenty-first birthday, and the Supreme Court determined the sentence was a violation of procedural due process afforded by the Fourteenth Amendment (Cornell Law School, n.d.). Consequently, procedural due process outlines the processes the government must follow before depriving an individual of life, liberty, or property (Chapman & Yoshino, n.d.).…

    • 354 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Crimes have existed for ages, even though countries have enforced laws and punished those who commit them. Countries also increased the size of the police as well as the law enforcement, but still people violate the law. When watching a TV show, or reading a newspaper, or listening to the radio, it is really impossible to avoid hearing or reading about crimes, including murder, robbery, abuse, or any violent act. With the increase of crime, criminals, and the gathering of evidence, “Herbert Packer (1968) described two competing models of the administration of criminal justice models: the crime control model and the due process model” (Cole, Smith, & DeJong, 2015:27). , in order to protect citizens from the lawbreakers and receive justice.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    CEC Code of Ethics The council for exceptional children, CEC, guarantees the right of a high-quality early education for children with special needs. Educators may need to make adjustments to their own beliefs to meet the needs of students and their families. The CEC website lists principals and standards that all educators should uphold when working with students with special needs. These principals serve as a good example of the mindset we should have as we work with students with disabilities.…

    • 773 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The Fairness Doctrine

    • 1564 Words
    • 7 Pages

    In recent year’s news coverage have presented information as a form of individual biases to the public, while undermining the opposing viewpoints of others towards the same issue. As a result, viewers are often misinformed about the true face of contentious issues broadcasted throughout news stations. The news that the public perceive as truth is quite often just the point of view of a group of few. For that reason, the fairness doctrine was introduced back in 1949 its purpose was to avoid the use of the media to gain political power through public manipulation. The fairness doctrine dictated that news station owners had to provide balanced information of both sides of an issue, as well as provide the public with information that had importance…

    • 1564 Words
    • 7 Pages
    Great Essays